Weddily, Inc.’s Website Terms of Use
Acceptance of the Terms of Use
These Terms of Use are entered into by and between you and Weddily, Inc., a Delaware corporation (“Weddily,” “Company,” “we,” “our,” or “us”). The following terms and conditions (“Terms of Use”) govern your access to and use of www.Weddily.com, including any content, functionality, products, and services offered on or through www.Weddily.com (the “Website”).
Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
These Terms of Use shall apply to all users of the Website, including without limitation each registered vendor and venue (collectively, “VV”), couples/clients, and other visitors to the Website.
This Website is offered and available to distinguished VVs located in the United States and Mexico. By using this Website as a VV, you represent and warrant that you or your company is either a vendor or owns a venue and have the authority to enter into a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website as a VV.
Services and Prices
We offer clients a service to connect with VVs to arrange the client’s desired wedding plan.
Each VV hereby covenants and agrees that you shall not make any willful misrepresentations. If you make a misrepresentation, you may be prohibited from further use of the Website.
Once a client submits a reservation request, Weddily will connect the applicable VV with the client to finalize the specific products desired and the applicable VV will submit its standard form of contract for client signature and upon execution will be expected to fulfill its obligations thereunder. If, for any reason, you are concerned with the services that you are required to perform, we will take all reasonable steps to rectify your concerns.
Clients may also opt to have the Company provide additional services including but not limited to product research, detailed proposal comparisons, and proposal and contract review. Client acknowledges that by requesting such services, whether the services are primarily fulfilled through the Website or through one of Company's representatives, the terms of service shall be the same, and Company shall be listed as the Agent of Record for any such services presented to Client, and Company will be entitled to its referral fee thereunder.
Each VV hereby agrees to use best efforts to offer an accurate price guarantee – VVs shall strive to advertise pricing on the Website as accurately as possible and pricing advertised on the Website shall not be consistently or commonly higher than pricing advertised on any other on- or offline channel for the same services and dates of service.
Website users agree and acknowledge that the quotes, information and any other content or information provided by VVs, which may be relayed in unmodified form by Company are the sole responsibility of the VVs providing such subject matter, and that Company has no control over such subject matter, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability, or reliability of such subject matter. ANY AND ALL USE OF THE PRODUCTS AND SERVICES OFFERRED BY THE VVS VIA THE WEBSITE IS SOLELY AT THE RISK OF ANY USER OF THE WEBSITE THAT ELECTS TO USE SUCH PRODUCT AND SERVICES.
The Company reserves the right to remove or edit VV profiles in accordance with Company's brand standards.
Commission and Payment
The Company offers multiple options for payment to accommodate the needs of our partners. VVs are responsible for paying a 10% referral fee (or other fee as explicitly agreed in writing by the parties) to the Company for actualized business referred from the requests coming through the channels that require a commission. If the referral fee due to the Company is paid to the client (i.e. travel agent, group coordinator, meeting planner, or any other seller of travel and/or meetings), the client shall be responsible for paying the referral fee received to the Company. If the client fails to submit the referral fee due to the Company, the Company shall be able to recover the referral fee from the client. VVs are responsible for tracking reservations on all referred clients. If VV fails to track actualized commissionable revenue due to incomplete records, lost or stolen records, technical failure, or any other reason, whatsoever, the VV will be responsible for payment of the referral fee for actualized business sourced by Company regardless of incomplete records or whether the reservation was booked through a third party.
Referral fees are due within 45 days of the departure date of the referred event. If payment is not received when due, Company may exercise its right to charge reasonable late fees on any outstanding balance.
In the event the VV executes a “Services Agreement” with the Company (whether a master agreement for multiple bookings or a services agreement for a single booking), the Services Agreement will outline the specific payment details.
VVs hereby agree to pay the Company a to-be-determined or as-negotiated booking commission at the agreed-upon calculation (or such calculation as set forth in the applicable Services Agreement) for all referred clients that use such VV’s services (the “Commission Structure”). Unless otherwise expressly agreed between the parties in writing, all booking fees owed to the Company shall be charged as either a flat 10.0% fee on all final products and services purchased by the referred client, excluding hard costs such as taxes and service charges, or, for hotel rooms, the hotel's existing travel agent referral programs shall apply and Weddily, Inc. shall be listed as the Agent of Record for any occupied lodging rooms associated with the event (commission applied to occupied rooms only). If the determined structure provides that a couple will pay the applicable charges to the Company, VVs agree to allow the Company to withdraw the commission from the total product value of the reserved package, subject to any such Services Agreement. In the absence of an executed Services Agreement with the Company, prior to booking confirmation, you will be informed of any change to the booking commission amount and calculation and will have the ability to confirm or reject the booking (and corresponding commission terms) at that time. You acknowledge and agree that the Company shall have the right to alter the Commission Structure at its own discretion, typically reviewed on an annual basis, subject to any Services Agreement executed with the Company.
Date Hold
Along with a booking or tour request, clients may add a non-refundable deposit in order to reserve specific event dates of the venue for a specified period of time should the Venue offer the option (the “Hold My Dates” feature). The non-refundable deposit amount, length of tour and reservation period are determined by each Venue. Upon confirmation by the Venue that the client’s requested dates can be held, the Company will process the client payment and remit the payment to the Venue less processing and administrative fees. Venues have discretion over whether they enable the Date Hold.
Weddily.com is a Venue
The Company is not an Auctioneer. The Website acts as a venue to allow VV’s to sell rooms and/or services at any posted rate. The Company is not involved in the actual transaction between buyers and sellers. As a result, The Company has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. The Company cannot ensure that a buyer or seller will actually complete a transaction. As an online venue, the Company may allow VV’s to contract to sell rooms and/or services using electronic agreements and/or electronic forms and electronic services. The Company, however, has no control over the terms or content of any electronic agreement, and makes no representations or warranties, nor provides any legal advice, regarding the desirability of entering into any agreement, nor the content, form, legality, validity, execution, or enforceability of any agreement entered between the VV and the end-user. VV’s and the end-user are responsible for ensuring that any agreement between itself and the end-user is appropriate, valid, legal, and enforceable, and are both encouraged to seek the advice of licensed legal counsel in the appropriate jurisdiction before entering into or drafting any agreement. VV’s agree to hold the Company harmless and indemnify it for all demands, claims, damages, and costs, including reasonable attorneys’ fees, arising from any dispute arising out of the use of any electronic agreement entered into using the online services of the Company. VV’s further agree to hold the Company harmless from any consequential damages, however arising, from the drafting, execution, or performance or non-performance of any electronic agreement entered into using the Company’s services.
Identity Verification. The Company uses many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, the Company cannot and does not confirm each user's purported identity. We encourage you to communicate directly with the VVs using the tools available on this site.
Release. Because The Company is a venue, in the event that you have a dispute with one or more users, you release the Company (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Information Control. The Company does not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and HotelPlanner.com is not responsible for the acts or omissions of users on the Site.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. Notwithstanding the foregoing, the version of the Terms of Use in effect on the date of the confirmation of any booking shall continue to apply to such booking.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any product, service, or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information, including but not limited to venue/vendor name, your point of contact’s name, company type, vendor/venue website, telephone number, address, social media handles, Yelp links, TripAdvisor link, and Facebook link (the “Data”). It is a condition of your use of the Website that the Data you provide on the Website is correct, current, and complete. You agree that the Data you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
Except for your Data, the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your own or your company’s use. Except for the Data, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own or your company’s use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from the Website.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
The Company name and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Authorized Uses
The Website is only authorized to be used for lawful purposes and in accordance with these Terms of Use.
Prohibited Uses
You agree not to use the Website:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
Representations, Warranties, and Covenants
By using the Website, you represent and warrant that you or your company will only use the Website in accordance with the authorized uses above and specifically make the following representations, warranties, and covenants:
You are 18 years of age or older or, if you are under the age of 18, you are using the Website with the permission and supervision of your Parent.
You are not impersonating any other person or entity on the Website and the Data is true, complete, current, and accurate including, but not limited to, email addresses, names, addresses, payment information and any other information provided on the Website, and acknowledge that you are solely responsible for keeping such information current.
Your use of any online login credentials or online order codes is done with permission of the person controlling such account or the rights of such artwork subject thereto.
You understand that we are not liable or responsible for Data submitted by you that is the property of another individual or company.
You acknowledge and agree that we reserve the right to refuse any Data submitted for display on the Website for any reason and in our sole discretion.
By providing the Data to us when you set up your account or otherwise, you grant us permission to contact you at the email address associated with your account. To stop receiving certain emails, you may follow the opt-out procedures in such emails.
Except for the Data, you will not copy, modify, publish, or distribute any text, graphics or other material or content from the Website without prior written permission from the Company.
You will not upload, post, transmit, email, or otherwise distribute any material or Data that may be unlawful, harmful, obscene, defamatory, libelous, hateful, threatening, damaging to software or hardware, or racially, ethically, or otherwise objectionable.
You will not upload, post, transmit, email or otherwise distribute any material or Data that invades another party’s privacy or publicity rights, or that infringes on any party’s trademark, copyright, other intellectual property or moral rights, or any other third-party rights, including, without limitation, company or product logos, or other material that could infringe on the intellectual property rights of third parties, and you will not take any actions in an effort to disguise the origin of any content transmitted to us.
You will not use the Website or our services in an effort or manner that may or will harm minors or other persons in any way. Without limiting the foregoing, you specifically covenant and agree that you will not transmit or post any content that violates child pornography laws, child sexual exploitation laws, obscenity laws, or any other law or regulation.
You will not advertise or solicit on the pages of the Website without our prior written permission.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any Data or other uploaded materials for any or no reason in our sole discretion.
Take any action with respect to any Data or other uploaded materials that we deem necessary or appropriate in our sole discretion, including if we believe that such Data or other uploaded materials violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that Data or other materials uploaded or posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We make an effort to review material before it is posted on the Website, but cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Copyright Infringement
We may remove Data or any other material from the Website at any time without notice, and we will terminate user privileges in appropriate circumstances, including without limitation by terminating the user privileges of users of the Website who are the subject of repeated copyright claims. If you have any reason to believe that your rights under any laws are being violated, please promptly notify us in writing so that we can help identify any possible issues. To help us reach a quick resolution, please send us (i) a signature from the person who thinks their (or their company’s) rights are being violated, (ii) a description of the claimed violation, (iii) information that will direct us to evidence of such claimed violation, (iv) contact information so that we can correspond with you on the matter, (v) a statement that such claims are being made in good faith, and (vi) a statement that any information submitted is accurate and from an authorized person. Please send the above information to us at info@Weddily.com.
Reliance on Information Posted
The Data presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by VVs, other users, bloggers, and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website, including but not limited to the Commission Structure, from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
All Data we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
This Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Website is based in the State of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. ANY MATERIAL DOWNLOADED FROM THE WEBSITE OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, TIMELY, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR REQUIREMENTS, NEEDS, OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FACE HEREOF. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE COMPANY, YOUR OR ANYONE’S USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. YOUR SOLE REMEDY SHALL BE TO TERMINATE YOUR ACCOUNT OR DISCONTINUE USE OF THE WEBSITE. WITHOUT NEGATING OR LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL THE COMPANY’S LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO THE COMPANY IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
The Company arranges the services described on this site, including without limitation lodging that is provided by Hoteliers, which are independent contractors and not the agents, employees, partners, or joint ventures of The Company. The Company provides a negotiation venue for such event services merely for the convenience of companies that furnish such services. Such contractual negotiation services are subject to all terms and conditions of the respective suppliers (some of which may limit or exclude the supplier's liability). The Company shall not be responsible for any loss of or damage to property or death or injury to a person, resulting from any act or omission of any supplier providing any product or service or any other person or entity, or caused by strike, war, weather, act of god, quarantine, sickness, government restriction or regulation, or any other cause beyond the Company’s control. Client expressly waives all rights he or she may have against the Company in connection with the foregoing. Under no circumstances is the Company to be constructed as carriers under contract for safe carriage of the traveler or his or her baggage and belongings. It is understood and agreed that the Company shall at all times act in the capacity of any independent contractor and not as an employee, partner, agent, joint venture, or principal of any travel agent, group coordinator or hotel.
Neither the Company or cooperating organizations shall be responsible for any cancellations or for acts of any other service providers, diversions or substitution of hotels, or any other persons providing any of the services and accommodations to passengers. Nor shall they be liable for any loss or damage to baggage or property, or for injury, illness or death, or for any damages or claims whatsoever arising from any act, error, omission, default or negligence of any person not a direct employee of the Company. The carriers, hotels and other suppliers who provide services are independent contractors and are not agents, employees or servants of the Company. The Company is not responsible for any criminal conduct by third parties. In no event shall the Company have any liability to any person or entity.
The Company makes no warranties, guarantees or representation of any kind or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose, or any implied warranty arising from course of performance, course of dealing, or usage of trade.
Every effort is made to ensure website accuracy at the time of publication; however, the Company cannot be held responsible for printing or typographical errors, product changes and content changes on websites.
PHYSICAL DISABILITIES: Venues may not have the appropriate special services and equipment to accommodate all individuals with disabilities or special needs. Those requiring guaranteed accommodations for those with disabilities or special needs are advised to communicate directly with the venue.
The website, including these Terms and Conditions, represents the entire agreement between the travel agent, Group Coordinators, Wholesalers, the Individual Booking Party, the Hotels, any other VVs and the Company.
All group contracts must be done with the Company or the client directly. If contracting is done with the client directly, the Company must be copied on all contracting communications.
Any party using the Company’s system in a fraudulent manner will be subject to a $10,000 USD fine. This fraud includes but is not limited to false booking request, bait and switch pricing techniques, or false user information of any kind. Violators will be prosecuted to full extent of the law.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your violation of these Terms of Use, (ii) your use of the Website, including, but not limited to, Data or other uploaded materials, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website, (iii) your violation of any statutory or common law, or (iv) your breach of the rights of any third party.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of Laguna Beach and County of Orange. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Force Majeure
The success of the Company is directly tied to the VVs’ ability to fulfill all services offered. Notwithstanding unforeseeable circumstances completely out of your control that prevent you from fulfilling your services, you hereby agree to not cancel any of your products and/or services offered.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Attorneys’ Fees
In the event of any action arising out of or related to these Terms of Use, the Privacy Policy, or the Website, we shall be entitled to reasonable attorneys’ fees, costs, and expenses incurred in such action. Reasonable attorneys’ fees incurred in enforcing any judgment in respect of these Terms of Use are recoverable as a separate item. The preceding sentence is intended to be severable from the other provisions of these Terms of Use and to survive any judgment and, to the maximum extent permitted by law, shall not be deemed merged into any such judgment.
Survival of Terms
Any provisions or obligations contained in these Terms of Use which by their nature or effect are required or intended to be observed, kept or performed after termination of these Terms of Use shall survive the termination of these Terms of Use and remain binding upon and for the benefit of the parties, their successors and permitted assignees.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Your Comments and Concerns
This website is operated by Weddily, Inc., 1278 Glenneyre #505, Laguna Beach, California 92651.
All feedback, comments, requests for technical support, notices of copyright infringement claims, and other communications relating to the Website should be directed to: info@Weddily.com .